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General Conditions of Use.

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The website www.myoptions.co is operated by the company OPTIONS as an intermediary in crowdfunding (for the provision of the Participatory Loan Service, as defined below) and as an advisor in participatory investments (with regard to the provision of Participatory Investment Services, as defined below). OPTIONS is registered with ORIAS, as a crowdfunding intermediary and as a crowdfunding advisor under the registration number 16001498.

1. Purpose and acceptance of the general conditions of use.

The purpose of these general conditions of use is to define the conditions under which each User can use the www.myoptions.co site and access the information and services offered by OPTIONS. Whatever their status are, Users fully and unreservedly accept these general conditions of use. These conditions may be supplemented by specific conditions specific to access to certain services or certain information.

By extension, each Member having the quality of Financier and / or Entrepreneur accepts, fully and without reservation, the MANGOPAY GCUs.

2. Definitions and lexicon.

The terms and expressions mentioned below are defined as follows :

The "Site": means the website accessible at the address www.myoptions.co, through which the company OPTIONS SAS operates its crowdfunding platform.

A “ Security ” : designates the Minibons referred to in article L.223-6 of the Monetary and Financial Code, as well as the securities referred to in article D. 547-1 of the Monetary and Financial Code.

An " Investment contract " : means, depending on the case, a subscription form or a bond issue contract.

Role

A " User " : means any legal or natural person who browses the Site, reads it or consults its content or the information it contains.

A " Member " : refers to any User registered on the Site as a Funder and / or Entrepreneur, under the conditions provided for in Article 4.1 of these general conditions of use.

" MANGOPAY " : means the company Leetchi Corp, whose registered office is located at 59 boulevard Royal, L-2449 Luxembourg in Luxembourg, registered in the Luxembourg trade and companies register under number B173459, operator the "MANGOPAY" brand.

An " Entrepreneur " : means any Member registered as an "Entrepreneur", under the conditions provided for in article 4.1 of these general conditions of use, for the purpose of raising funds from Funders through the Site for the purposes of financing a project.

A " Funder " : means any Member registered as a "Funder", under the conditions provided for in Article 4.1 of these general conditions of use, with the aim of financing projects by the Site intermediary.

A " Financing Lender " : means any Financier who has made a Loan Offer to an Entrepreneur.

A “ Financing Investor ” : designates any Financor having signed, through the intermediary of the Site, a subscription form for Securities issued by an Entrepreneur (or, where applicable, a holding company holding a stake in the capital of this Entrepreneur).

Services

" Participatory Investment Services " : refers to the services provided by OPTIONS, as the case may be, to Funders and Entrepreneurs for the purpose of carrying out Investments, which include :

  • an investment advisory service within the meaning of Article L.321-1 of the Monetary and Financial Code provided by OPTIONS to Funders under the conditions provided for by Article L.547-1 of the Monetary and Financial Code ;
  • a business advisory service on capital structure, industrial strategy and related issues and advice and services on business mergers and takeovers within the meaning of article L.321-2 of the Monetary Code and financial provided by OPTIONS to Entrepreneurs ;
  • a service for handling subscription forms provided by OPTIONS to Entrepreneurs in accordance with Article L.547-1 of the Monetary and Financial Code; and
  • a service for drafting the legal acts necessary for the purposes of carrying out Investments provided by OPTIONS to Entrepreneurs in accordance with Article L.547-1 of the Monetary and Financial Code.

The " Participatory Loan Service " : refers to the service provided by OPTIONS to Entrepreneurs and Funders for the purposes of granting Loans, namely an intermediation service in crowdfunding within the meaning of Article L.548-1 of the Monetary and Financial Code.

Accounts

A " Basket E-Wallet " : refers to any E-Wallet on which there is electronic money issued by MANGOPAY and acquired by a Funder which is likely to be used by the Funder concerned for the purposes of the Issuance of a Loan Offer under the conditions provided for in section 4.2.4 of these general conditions of use or of an Investment Offer under the conditions provided for in section 4.3.4 of these general conditions of use.

An " Entrepreneur Bank Account " : means any bank account opened in the name of an Entrepreneur whose contact details have been communicated by the Entrepreneur concerned to OPTIONS when registering on the Site and on which any Funding granted to this Entrepreneur must be made available.

An " E-Wallet " : means any internal reference to MANGOPAY allowing it (i) to identify, in its books, the various transactions for the acquisition and reimbursement of electronic money issued by MANGOPAY carried out by a given person and (ii) to determine, at any time, the amount of electronic money available to this person (it being specified that an E-Wallet can in no way be assimilated to a deposit account or a payment account ).

A " Project E-Wallet " : means any E-Wallet opened for the purposes of carrying out a particular fundraising campaign and on which the electronic money corresponding to each Loan Offer or Offer Investment issued within the framework of this campaign is credited under the conditions provided for in sections 4.2.4, 4.2.5, 4.3.4 and 4.3.5 of these general conditions of use.

Operations

An " Investment " : means any subscription or acquisition transaction by a Financing Investor of Securities issued by an Entrepreneur (or, where applicable, by a holding company holding a participation in the capital of this Entrepreneur ) through the Site for the purposes of financing a project.

An " Investment Offer " : means any offer to subscribe to an issue of Securities sent by a Funder to an Entrepreneur under the conditions provided for by these general conditions of use.

A " Loan " : means any loan granted by a Financing Lender to an Entrepreneur through the Site for the purposes of financing a project.

A " Loan Offer " : means any offer to enter into a Loan Agreement sent by a Financier to an Entrepreneur under the conditions provided for by these general conditions of use.

The " Maximum Subscription Ceiling " : means, in relation to a project published on the given Site, the maximum overall amount of Funding that the Contractor concerned is required to obtain through the Site; it being further specified that (i) the cumulative amount of all Loan Offers issued in relation to the project concerned may not exceed this amount and that (ii) this amount may not, in any event, exceed one million (1,000,000) euros; and it being also specified that (i) the cumulative amount of all the Investment Offers issued in relation to the project concerned may not exceed this amount and that (ii) this amount may not, in any event, exceed eight million (8,000,000) euros, this amount being calculated over a period of twelve months following the date of the first Investment Offer.

The " Minimum Subscription Threshold " : means, in relation to a project published on the given Site, the minimum overall amount of Funding that the Contractor concerned is willing to obtain through the Site.

A " Funding " : indifferently designates an Investment or a Loan.

Contractual Documents

A " Loan Agreement " : means any loan agreement published on the Site at the time of the issuance of a Loan Offer and to be signed, on the one hand, by the Financing Lender having issued the Loan Offer and, on the other hand, by the Entrepreneur recipient of this Loan Offer, under the conditions provided for by these general conditions of use and the Service Provision Agreement signed by the relevant Entrepreneur.

The " Standard Loan Agreement " : designates the model loan agreement posted on the Site, accessible by clicking on this <[link]> and on the basis of which each of the Loans.

The “ Standard Warrants ” : designates the model of subscription warrants posted on the Site, accessible by clicking on this [link] and on the basis of which each of the warrants is established.

The “ Standard Bond Agreement ” : refers to the model bond agreement posted on the Site, accessible by clicking on this [link] and on the basis of which each of the bond agreements is established.

A " Service Provision Agreement " : means any agreement concluded between OPTIONS and an Entrepreneur prior to the start of any fundraising campaign by this Entrepreneur on the Site, in accordance with the terms of these general conditions of use.

The " MANGOPAY GCUs " : designate the general conditions of use of MANGOPAY accessible by clicking on this link .

3. Description of the service OPTIONS.

OPTIONS offers a global crowdfunding service offer through the Site. As part of this global service offering, OPTIONS provides each of the following services :

  • the Participatory Loan Service ;
  • the Participatory Investment Services.

Services for Entrepreneurs

OPTIONS allows each Entrepreneur to submit a project for a crowdfunding request which may take the form :

  • a Loan; and/or
  • an Investment.

Services for Individuals or Legal Funders

OPTIONS allows each Funder to finance projects led by innovative companies, selected by OPTIONS in the form :

  • the granting of a Loan; and/or
  • of the realization of an Investment.

4. Conditions of use of the site and the crowdfunding services provided by the platform OPTIONS .

4.1. Access to the site

4.1.1. General stipulations

Users can consult the public content of the site including, in particular, the general presentations of the projects to be funded.

Access to the private content of the Site, including project details, is strictly reserved for Members.

Any natural person wishing to become a Member must be of legal age, have the capacity to enter into the relevant contracts, attest to their solvency and register as a Funder, under the conditions stipulated in Article 4.1.2 below.

Any legal person wishing to become a Member must be duly constituted, have the capacity to conclude the contracts concerned, attest to their solvency and register as a Financier, under the conditions stipulated in article 4.1.2 below, and/or as a Contractor, under the conditions stipulated in article 4.1.3 below.

Each Member undertakes not to communicate their username and password to third parties. They undertake to preserve the confidentiality of the data made available to them on the Site.

Each Member agrees to make the necessary changes in their personal space so that the information contained therein remains accurate.

In the event of non-compliance with these provisions, OPTIONS reserves the right to suspend the access of the Member concerned to their personal space.

For any complaint or request for information, OPTIONS provides the following email address: reclamation (at) myoptions.co. OPTIONS will acknowledge receipt of the complaint within ten [10] working days at most from its receipt and will send a response to the complaint within a maximum of thirty [30] days from its receipt, except in cases of force majeure. In the event of a case of force majeure, OPTIONS will contact the claimant to inform them of the delay, its reason and the deadline by which it will be possible to respond.

4.1.2. Opening of a personal "Financier" space

Each User can register as a "Funder". This registration, subject to the prerequisites below, is carried out in two stages, under the conditions indicated below.

Prerequisites for creating a financial account

Funders are (i) individuals of full age, capable, and not acting for professional or commercial purposes or (ii) legal persons, acting for purposes ancillary to their professional activity, duly registered or declared in France and existing valid under French law. Moreover, they are not "U.S. persons" within the meaning of the American regulations "Regulation S", within the framework of the U.S. Securities Act of 1933 (Part 230 - Section 230.902).

Step 1 :

In order to complete the first step of registration, the User must :

  • complete the form provided for this purpose on the Site ;
  • accept the content of these general conditions of use and the MANGOPAY GCUs accessible by clicking on this link .

At the end of this first step, the User acquires the status of Member. As such, they have access to a personal space created on the Site. However, they cannot make any Investment or issue any Loan Offer.

Step 2 :

In order to complete the second step of registration, the User must :

  • complete an additional form provided for this purpose on the Site ;
  • reiterate their acceptance of these general conditions of use ;
  • download, on the Site, the supporting documents requested by OPTIONS.

Once the User has sent a complete request to OPTIONS, OPTIONS examines the information and documents provided by the User, in accordance with the regulations in force in the fight against money laundering and the financing of terrorism.

In the context of a subscription of Securities envisaged by the Investor-Financing, OPTIONS ensures that the envisaged Investment is suited to the situation of the Investing-Financier by means of a suitability test enabling it to obtain the necessary information concerning the Investor's knowledge and investment experience in relation to the specific type of Notes, their financial situation and their investment objectives. This questionnaire is also intended to provide OPTIONS with the necessary information concerning the capacity of the Funder-Investor to suffer losses and their risk tolerance so as to be able to recommend the appropriate Investments.

Within a maximum period of three [3] working days from the User's request, OPTIONS notifies them by email of the validation or, as the case may be, the rejection of their registration. OPTIONS reserves the discretionary right to refuse any registration. At the end of the second step of the registration, the User acquires the status of Funder. As such, they have access to the entire private part of the Site, including in particular the details of the projects to be financed, and have the ability to grant Loans and make Investments.

4.1.3 Opening of a personal "Entrepreneur" space

Each User can register as an "Entrepreneur". This registration is carried out in two stages, under the conditions indicated below. In order to complete the first step of registration, the User must :

  • complete the form provided for this purpose on the Site ;
  • accept the content of these general conditions of use.

At the end of this first step, the User acquires the status of Member. As such, they have access to a personal space created on the Site. However, he cannot submit any project for funding through the Site.

In order to complete the second step of registration, the User must:

  • complete an additional form provided for this purpose on the Site ;
  • reiterate their acceptance of these general conditions of use ;
  • download, on the Site, the supporting documents requested by OPTIONS.

Once the User has sent a complete request to OPTIONS, OPTIONS examines the information and documents provided by the User, in accordance with the regulations in force in the fight against money laundering and the financing of terrorism.

Within a maximum period of three [3] working days from the User's request, OPTIONS will notify them by email of the validation or, as the case may be, the rejection of their registration. OPTIONS reserves the discretionary right to refuse any registration.

At the end of the second stage of registration, the User acquires the status of Entrepreneur. As such, he has access to the entire private part of the Site, including in particular, the details of the projects to be financed, and can submit any project to OPTIONS, on condition that the latter examine the exigibility thereof under the conditions provided for by these general conditions of use.

4.2. Provision of the Participatory Loan service

Crowdfunding risks
Each Member is hereby duly informed that crowdfunding involves a certain number of risks, and, in particular:

  • about Financers, the risk that any Entrepreneur to whom they have granted a Loan will default and no longer be able to repay said Loan ; and
  • concerning Entrepreneurs, the risk of contracting excessive debt and thus finding themselves in a situation of no longer being able to meet their current liabilities using their available assets.

Each Member hereby declares that he is aware of these risks and that he expressly accepts them.

4.2.1. Submission of a project by the Entrepreneurs and selection by OPTIONS

Once a User is validly registered as an Entrepreneur, he can submit his project to OPTIONS from his personal space on the Site.

To this end, the Entrepreneur must complete a form on the Site and communicate to OPTIONS the supporting documents requested.

OPTIONS studies each received project free of charge and indicates to the Entrepreneur concerned, as soon as practicable, whether the project is eligible on the platform.

4.2.2. Uploading of selected projects to the site

As soon as the project is declared eligible on the platform, OPTIONS contacts the Entrepreneur directly to determine the conditions under which the fundraising campaign will be carried out.

These conditions are governed by the Service Provision Agreement concluded between OPTIONS and the Entrepreneur concerned.

4.2.3. Issuance of Loan Offers and signature of Loan Agreements by Funders TODO FR Emission

Each Funder can issue one [1] Loan Offer per project. Each Loan Offer thus issued may relate to an amount between fifty [50] euros and two thousand [2,000] euros.

The issuance of a Loan Offer is only possible if, at the time of issuance of this Loan Offer, the relevant Financier has on his Basket E-Wallet a sufficient quantity of corresponding electronic money, at least, in the amount of the said Loan Offer.

Each issue of a Loan Offer is materialized by the signing of a Loan Agreement by the relevant Financier on the Site, in accordance with the procedure described below.

Each Funder expressly acknowledges that the implementation of this procedure entails an electronic signature of the Loan Agreement concerned by the Lender Funder concerned within the meaning of Article 1316-4 of the Civil Code.

Description of the procedure

  • Step 1 - The concerned Financier opens his Personal Space on the Site.
  • Step 2 - The relevant Financier informs the modifiable parameters of the Loan Offer to be issued (namely, the determination of the project to be financed and the amount of funds loaned) on the Site.
  • Step 3 - The Funder is invited to tick a box in order to reiterate its acceptance of these general conditions of use and the MANGOPAY GCUs TODO FR.
  • Step 3 - At the end of the campaign and if it is successful, the Loan Agreement is made available to the funder from his personal space on the Site.

Any Loan Offer thus made is firm and irrevocable. Once the Loan Offer has been issued, the Financing Lender concerned cannot in any way withdraw.

4.2.4. Withdrawal of electronic money appearing on the Basket E-Wallet of Financers in the event of the issuance of a Loan Offer

Each Financier expressly accepts and acknowledges that the issuance of any Loan Offer will entail an irrevocable instruction addressed to MANGOPAY to transfer the sums corresponding to the amount of said Loan Offer from its Basket E-Wallet, to the dedicated Project E-Wallet, created for the needs of the fundraising campaign concerned.

Each Funder accepts and also recognizes that he will no longer be able to demand the return of any electronic money sums thus transferred from his Basket E-Wallet and this throughout the duration of the fundraising campaign concerned.

At the end of the said campaign, any amount in electronic money thus transferred will be, as the case may be, returned to the Basket E-Wallet of the Financier concerned or used for the purposes of making the Loan concerned available, under the conditions provided for in section 4.2.5 below.

Each Funder expressly grants a mandate to OPTIONS for the purpose of transmitting to MANGOPAY, in its name and on its behalf, any instruction to carry out the direct debit mentioned in the first paragraph of this section 4.2.4, without delay from the issue of the Loan Offer concerned.

4.2.5. Campaign monitoring - conclusion of Loan Contracts

For each project posted on the Site and for which a fundraising campaign is underway, OPTIONS indicates :

  • the Minimum Subscription Threshold ;
  • the Maximum Subscription Limit ;
  • the duration (in days) remaining before the end of the campaign initially agreed between OPTIONS and the Contractor concerned in the Service Provision Agreement they have entered into (hereinafter the "Initially Planned Term") ;
  • the cumulative amount of Loan Offers issued until then.

Each fundraising campaign ends on the arrival of the Initially Planned Term.

If at the end of the Initially Planned Term, the cumulative amount of all Loan Offers issued in relation to the project concerned is greater than the Minimum Subscription Threshold, then :

  • the Entrepreneur concerned must accept all of said Loan Offers and sign each corresponding Loan Agreement; and
  • OPTIONS (acting on behalf of the relevant Financier) instructs MANGOPAY to transfer the funds corresponding to each Loan (less any amount due to OPTIONS) to the Borrowing Bank Account of the relevant Entrepreneur and to charge the amount of the sums as well transfers to the electronic money account on the dedicated E-Wallet created for the needs of the fundraising campaign concerned.

If, on the other hand, on the arrival of the Initially Planned Term, the cumulative amount of all Loan Offers issued in relation to the project concerned is lower than the Minimum Subscription Threshold, then :

  • each Loan Offer issued through the Site in connection with this project lapses; and
  • the amounts in electronic money corresponding to each Loan are returned to each Lender concerned by payment into their Basket E-Wallet.

As an exception to the foregoing stipulations, in the event that the Maximum Subscription Ceiling for the fundraising campaign concerned is reached, said campaign ends on the date on which this Maximum Subscription Ceiling is reached. In this hypothesis, at this date :

  • the Entrepreneur concerned must accept all of said Loan Offers and sign each corresponding Loan Agreement; and
  • OPTIONS (acting on behalf of the Financier concerned) instructs MANGOPAY to transfer the funds corresponding to each Loan to the Borrowing Bank Account of the Contractor concerned and to charge the sums thus transferred to the electronic money appearing on the dedicated E-wallet created for the needs of the fundraising campaign concerned.

For the purpose of executing these presents, OPTIONS must :

  • receive all Loan Offers issued through the Site ;
  • at each moment of the campaign, calculate the cumulative amount of all Loan Offers issued up to the date concerned and publish this information, in real time, on the Site ;
  • at each moment of the campaign, calculate the period remaining to run before the Initially Planned Term and publish this information, in real time, on the Site ;
  • on the occurrence of the Initially Planned Term, determine whether the cumulative amount of the Loan Offers issued up to that date is greater or less than the Minimum Subscription Threshold ;
  • at each moment of the fundraising campaign, determine whether the Maximum Subscription Ceiling has been reached and, if so, block any possibility for the Funders to issue new Loan Offers in relation to the project concerned.

4.2.6. Loan monitoring and repayment of maturities

4.2.6.1. Loan Monitoring

OPTIONS makes available to each Entrepreneur who has contracted one or more Loans, on his personal space accessible on the Site, the global amortization table for each of these Loans showing, in particular, the dates and amounts (in capital and interest) of past and future maturities under each Loan.

OPTIONS makes available to each Financing Lender the overall amortization table for each of the Loans it has granted, showing in particular the dates and amounts (in principal and interest) of past and future maturities for each Loan.

4.2.6.2. Reimbursement of maturities - Payment of interest and other charges

Any payment and any reimbursement due by each Entrepreneur to any Financing Lender or to OPTIONS (especialy interest, late payment interest, commissions or other) in respect of a Loan and/or the provision of the Participatory Loan Service will be portable and must be made by this Entrepreneur on the day concerned, day value of payment and in funds immediately available.

To this end, the Entrepreneur concerned irrevocably authorizes OPTIONS to give, in its name and on its behalf, instruction to MANGOPAY to withdraw from its Borrowing Bank Account, throughout the duration of each Loan Contract, any amount due under the Loan. concerned and / or the provision of the Participatory Loan Service and undertakes :

  • to carry out any necessary steps in order to allow MANGOPAY to proceed, throughout the duration of the Loan Agreement concerned, on the Borrowing Bank Account, to the said debit (and in particular to sign any debit authorization or any other document necessary for the implementation of 'such a right of withdrawal) ;
  • throughout the term of the Loan Agreement concerned, to refrain from opposing, or revoking, or taking any action to terminate, the ability for MANGOPAY to proceed with said direct debit and to take any action if necessary, in order to maintain MANGOPAY's direct debit option from the Borrowing Bank Account; and
  • to constitute a sufficient provision on the Borrowing Bank Account, on the dates on which payments will be due by it to the Lender Financing concerned and/or to OPTIONS under the concerned Loan Agreement.

In the event that, on a given date on which payments must be made by an Entrepreneur to a Financor and/or OPTIONS, the amount of the available balance in the Borrowing Bank Account is insufficient to completely pay off the Lender, the Third Party Lenders and Intermediary, this amount must be distributed in the order provided for by the stipulations of the Standard Loan.

4.2.7. Default of an Entrepreneur

Each Entrepreneur undertakes to inform OPTIONS without delay of the occurrence of any event constituting an "Event of Default" (as this term is defined in the Standard Loan Agreement) as soon as he becomes aware of it.

OPTIONS will inform each Financing Lender concerned of the existence of any "Event of Default" which would be communicated to them and of any other "Event of Default" of which they are aware.

Each Financing Lender expressly gives a mandate to OPTIONS, in case of any unpaid debts for a Loan that it has granted (whether it is a due date by this Entrepreneur or sums declared payable by anticipation by the Financing Lender concerned in application of the stipulations of the Loan Contract concerned), to send, in its name and on its behalf, any notification reminding it of its obligation to settle the unpaid sums.

If it considers it necessary for the purposes of ensuring the recovery of unpaid sums, OPTIONS may also offer the Financing Lenders concerned the services of a collection company.

4.2.8. Pricing conditions

Access to the Site and the services provided through the Site is free. OPTIONS will invoice each Entrepreneur who has entered into a Loan Agreement through the Site a success fee which the amount and date of payment are set in the Service Provision Agreement between OPTIONS and this Entrepreneur.

4.3. Provision of Participatory Investment services

Crowdfunding risks

Each Member is hereby duly informed that crowdfunding involves a certain number of risks, and in particular, with regard to Investor Funders, a risk of total or partial loss of the invested capital, of illiquidity, of lack of return on investment, as well as the risks associated with the resale of the Securities.

Each Member hereby declares that he is aware of these risks and that he expressly accepts them.

4.3.1. Submission of a project by the Entrepreneurs and selection by OPTIONS

Once a User is validly registered as an Entrepreneur, he can submit his project to OPTIONS from his personal space on the Site.

To this end, the Entrepreneur must complete a form on the Site and communicate to OPTIONS the supporting documents requested.

OPTIONS studies each received project free of charge and indicates to the Entrepreneur concerned, as soon as practicable, whether the project is eligible on the platform.

4.3.2. Uploading of selected projects on the Site

As soon as the project is declared eligible on the platform, OPTIONS contacts the Entrepreneur directly to determine the conditions under which the fundraising campaign will be carried out.

These conditions are governed by the Service Provision Agreement concluded between OPTIONS and the Entrepreneur concerned.

4.3.3. Issue of Investment Offers and signature of Subscription Forms by Funders

Each Funder can issue one or more Investment Offer(s) per project. Each Investment Offer thus issued may relate to an amount between fifty [50] euros and eight million [8,000,000] euros. For Investments consisting of the entry into the capital of a structure or the subscription of a bond loan, the minimum subscription is increased to one hundred [100] euros.

The issuance of an Investment Offer is only possible if, at the time of issuance of this Investment Offer, the relevant Financier has on his Basket E-Wallet a corresponding sufficient quantity of electronic money, at least, in the amount of said Investment Offer.

Each issue of an Investment Offer is materialized by the signing of a Subscription Form by the relevant Funder on the Site, in accordance with the procedure described below.

Each Funder expressly acknowledges that the implementation of this procedure entails an electronic signature of the relevant Investment Contract by the relevant Funding Investor within the meaning of Article 1316-4 of the Civil Code.

Description of the procedure

  • Step 1 - The concerned Financier opens his Personal Space on the Site.
  • Step 2 - The relevant Financier enters the editable parameters of the Investment Offer to be issued (i.e. the determination of the project to be financed and the allocated amount of funds) on the Site.
  • Step 3 - The Financier is invited to tick a box in order to reiterate his acceptance of the present general terms and conditions of use, the MANGOPAY GCU and the provisions of the Investment Contract made accessible during step 2.
  • Step 4 - At the end of the campaign and in the case of its success, the subscription form and the certificate of ownership are made available to the Financier from his personal space on the Website.

Any Investment Offer thus made is firm and irrevocable. Once the Investment Offer has been issued, the Financing Investor concerned cannot in any way withdraw.

4.3.4. Withdrawal of electronic money appearing on the Basket E-Wallet of Financers in the event of the issuance of an Investment Offer

Each Funder expressly accepts and recognizes that the issuance of any Investment Offer will entail an irrevocable instruction addressed to MANGOPAY to transfer the sums corresponding to the amount of said Investment Offer from its Basket E-Wallet, to the dedicated Project E-Wallet, created for the needs of the fundraising campaign concerned.

Each Funder accepts and also recognizes that he will no longer be able to demand the return of any electronic money sums thus transferred from his Basket E-Wallet and this throughout the duration of the fundraising campaign concerned.

At the end of the said campaign, any amount in electronic money thus transferred will be, as the case may be, transferred to the Basket E-Wallet of the Financing concerned or used for the purposes of the subscription of the Notes concerned, under the conditions provided for in section 4.3.5 below.

Chaque Financeur consent expressément un mandat à OPTIONS aux fins de transmettre à MANGOPAY, en son nom et pour son compte, toute instruction de réaliser le prélèvement mentionné au premier paragraphe de la présente section 4.3.4, sans délai à compter de l’émission de l’Offre d’Investissement concernée" %}.

4.3.5. Campaign monitoring - Subscription

For each project posted on the Site and for which a fundraising campaign is underway, OPTIONS indicates :

  • the Minimum Subscription Threshold ;
  • the Maximum Subscription Limit ;
  • the duration (in days) remaining before the end of the campaign initially agreed between OPTIONS and the Contractor concerned in the Service Provision Agreement they have entered into (hereinafter the "Initially Planned Term") ;
  • the cumulative amount of the Investment Offers issued up to then.

Each fundraising campaign ends on the arrival of the Initially Planned Term.

If, on the arrival of the Initially Planned Term, the cumulative amount of all the Investment Offers issued in relation to the project concerned is greater than the Minimum Subscription Threshold, then :

  • the Entrepreneur concerned must accept all of the Investment Offers sites; and
  • OPTIONS (acting on behalf of the relevant Financier) instructs MANGOPAY to transfer the funds corresponding to each Investment (minus any amount due to OPTIONS) to the Entrepreneur Bank Account of the relevant Entrepreneur and to charge the amount of the sums thus transfers to that of electronic money appearing on the dedicated E-Wallet created for the needs of the fundraising campaign concerned.

If, on the other hand, on the arrival of the Initially Planned Term, the cumulative amount of all the Investment Offers issued in relation to the project concerned is less than the Minimum Subscription Threshold, then :

  • each Investment Offer issued through the Site in connection with this project lapses; and
  • the amounts in electronic money corresponding to each Investment are returned to each Investor-Financier concerned by payment into their Basket E-Wallet.

As an exception to the above stipulations, if the Maximum Subscription Limit for the fundraising campaign concerned is reached, said campaign ends on the date on which this Maximum Subscription Limit is reached.

In this hypothesis, at this date :

  • the Entrepreneur concerned must accept all of the Investment Offers sites; and
  • OPTIONS (acting on behalf of the relevant Financier) instructs MANGOPAY to transfer the funds corresponding to each Investment to the Entrepreneur Bank Account of the relevant Entrepreneur and to charge the sums thus transferred to the electronic money appearing on the E- Dedicated wallet created for the needs of the fundraising campaign concerned.

For the purpose of executing these presents, OPTIONS must :

  • receive all the Investment Offers issued through the Site ;
  • at each moment of the campaign, calculate the cumulative amount of all the Investment Offers issued up to the date concerned and publish this information, in real time, on the Site ;
  • at each moment of the campaign, calculate the period remaining to run before the Initially Planned Term and publish this information, in real time, on the Site ;
  • on the occurrence of the Initially Planned Term, determine whether the cumulative amount of the Investment Offers issued up to that date is greater or less than the Minimum Subscription Threshold ;
  • at each moment of the fundraising campaign, determine whether the Maximum Subscription Ceiling has been reached and, if so, block any possibility for the Funders to issue new Investment Offers in relation to the project concerned.

4.3.6. Monitoring of Investments and payment of interest and dividends

4.3.6.1. Investment Monitoring

OPTIONS provides each Entrepreneur who has issued Securities, on his personal space accessible on the Site, a dashboard allowing to know and view the Securities issued as well as the payments and operations carried out. Each Entrepreneur can, in the same way, consult at any time the various documents available relating to the transactions carried out (Minibons, Subscription forms, Bond issuance contracts, Certificates, etc.).

OPTIONS provides each Financing Investor with a dashboard making possible to know and view the Securities subscribed as well as the payments and operations carried out. Each Financing Investor can, in the same way, consult at any time the various documents available relating to the transactions carried out (Minibons, Subscription forms, Bond issuance contracts, Certificates, etc.).

4.3.6.2. Payment of interest and dividends

Any payment due by each Entrepreneur to any Financing Investor or to OPTIONS (capital, dividend, interest, default interest, commissions or other) for an Investment and / or the provision of the Participatory Investment Service will be portable and must be made by this Entrepreneur on the day concerned, day value of payment and in funds immediately available.

To this end, the Entrepreneur concerned irrevocably authorizes OPTIONS to give, in his name and on his behalf, instruction to MANGOPAY to withdraw from his Entrepreneur Bank Account, throughout the duration of each Investment, any sum due for the Investment concerned and / or the provision of the Participatory Investment Service and undertakes :

  • to carry out any necessary steps in order to allow MANGOPAY to proceed, throughout the duration of the relevant Investment, on the Entrepreneur's Bank Account, with the said debit (and in particular to sign any debit authorization or any other document necessary for the implementation of such a direct debit) ;
  • throughout the duration of the relevant Investment, to refrain from opposing, or revoking, or taking any action with a view to terminating, the ability for MANGOPAY to proceed with said direct debit and to take any action if necessary, in order to maintain MANGOPAY's direct debit option from the Entrepreneur's Bank Account; and
  • to set up a sufficient provision in the Entrepreneur's Bank Account, on the dates on which payments will be due by him to the relevant Investor-Funder and / or to OPTIONS under the relevant Investment Contract.

4.3.7. Pricing conditions

Access to the Site and the services provided through the Site is free. OPTIONS will invoice a success fee to each Entrepreneur who has benefited from Funding through the Site, which corespond to the amount and date of payment of which are set in the Service Provision Agreement concluded between OPTIONS and this Entrepreneur.

In addition, OPTIONS will invoice each Entrepreneur who has carried out a capital increase operation on the Site for the benefit of a holding company previously created by OPTIONS a flat rate intended to cover the operating costs of said holding for the duration of the investment. The amount, frequency and date of payment are set in the Service Provision Agreement concluded between OPTIONS and this Contractor.

5. Information technology and freedoms - Confidentiality.

OPTIONS is required to process information and data belonging to Users. The site www.myoptions.co is hosted by OVH, SAS with capital of € 10,059,500, established at 2 rue Kellermann - 59100 Roubaix - France.

5.1. Personal data

In accordance with the provisions of law n°78-17 of January 6, 1978, as amended, relating to computers, files and freedoms, it is specified that the personal data collected in application of the provisions of these general conditions of use are mandatory for the registration of any Member, the execution of these general conditions of use, the conclusion and execution of any Service Provision Agreement and the conclusion and execution of any Loan Agreement. As such, they will be processed for which the person in charge is OPTIONS, which each of the Users accepts.

These data as well as all the personal data held by OPTIONS in the context of the operations carried out in application of these general conditions of use, of any Service Provision Agreement and / or any Loan Agreement may be used for the management needs of these operations, risk detection and assessment, security and prevention of unpaid debts, the fight against fraud, the fight against money laundering, the financing of terrorism and market abuse and, more generally, for the purposes of allowing OPTIONS to fulfill all of its legal and regulatory obligations. They may be communicated to companies in the OPTIONS group or to third parties, in particular subcontractors or partners (including, in particular, MANGOPAY), located in France or abroad, for the execution of the stipulations of these conditions. general terms of use, of any Service Provision Agreement and / or any Loan Agreement or to meet the legal or regulatory obligations of OPTIONS.

The persons to whom the personal data collected relate will have the right to obtain communication from OPTIONS, and to require, if necessary, rectification, it being specified that the data may be used by OPTIONS for the purposes of offering to the User the services of companies affiliated to OPTIONS - namely, the company ASTERYOS (RCS Rennes n ° 829 260 462), the company BYZENCE (RCS Rennes n ° 811 017 169) and the company MELYAD (RCS Rennes n ° 749) 957 213) - but may not under any circumstances be transmitted to other persons for prospecting purposes, in particular commercial, to which OPTIONS is commited to.

When processing this data, OPTIONS must respect the privacy of the Users concerned.

OPTIONS will keep this data for a period of five years from the date contractual relations with the Member concerned have ended.

The processing of personal data carried out by OPTIONS mentioned above was the subject of a declaration to the National Commission for Informatics and Liberties (CNIL) on May 2, 2016 under number 1953873.

Said data may be collected, in particular :

  • By forms

    Such forms are questionnaires placed online on the Site (including in particular any registration form) in which Users are invited to provide certain information such as their name, first name, date and place of birth, home address and e-mail, if they are natural persons, or their company name, registered office address and SIREN number, if they are legal persons.

  • By collection of documents

    OPTIONS collects certain documents from Users, and in particular, copies of official documents certifying their identity (identity card, passport, driving license, etc.) and proof of address, if they are natural persons , or social documents (K bis extract, articles of association, etc.), if they are legal persons.

  • By means of cookies or by collecting the IP address

    OPTIONS uses cookies, small tracking modules associated with the use of the Site which allow the activity of Users to be recorded on the platform. These can be short-term or long-term, the User is advised to regularly delete them from his temporary files directory. These cookies are used for the purpose of providing OPTIONS with its services through the Site. By validating their registration for the OPTIONS services, each User expressly consents to the storage of such cookies on their terminal. The IP address of Users is also recorded when opening the site.

5.2. Cookies policy

Cookies are used for the purposes of OPTIONS providing its services through the Site. OPTIONS also uses such cookies for the following purposes :

  • improve the security of the Site ;
  • perform audience measurements ;
  • allow the sharing of certain pages of the Site on social networks.

Each User expressly consents to the deposit of such cookies on his terminal. The IP address of Users is also recorded when opening the site.

5.2.1 Definition of a cookie

A cookie is a text file placed on the visitor's terminal (computer, tablet, smartphone) when visiting a website. It records information about the visitor and is used to recognize him and personalize his navigation.

OPTIONS uses cookies in order to know and recognize the users and visitors of its site. The lifespan of cookies varies depending on the type of cookies used.

5.2.2 Types of cookies

The cookies placed by OPTIONS are linked to the operation of the service and the OPTIONS website.

  • Technical cookies concern connection data and allow safe navigation on the site. These cookies are essential for a full and normal use of all the functions of the site. It is advisable not to delete them.
  • Functional cookies optimize the browsing experience by memorizing the user's browsing preferences.
  • Analytical cookies make it possible to improve our site by knowing the use and the overall performance of the site.
  • Advertising cookies are used for the relevance of content (campaigns, articles, etc.) according to the interests and preferences of the visitor. Google Analytics functions for advertisers are activated. They serve and tailor ads to users on the Google advertising network.
  • DoubleClick cookies are linked to Google Analytics features for advertisers enabled for on this site (Remarketing). Google uses cookies to serve our ads on the Google search network, Search Network partners and on sites in its Display network. Thanks to the DoubleClick cookie, Google adapts the ads served to users according to their browsing on our site and taking into account cross-device browsing. Use of this feature can be disabled by going to the Preferences Manager for Ads.
  • “Social network” cookies allow engagement via social networks (shares, comments, likes, tweets, etc.)

5.2.3 Cookies management

The user can manage the cookies stored on his terminals. To do this, he just has to follow the procedures of his browser. We remind you that the deletion of all cookies results in the inaccessibility of certain features of the site.

Links to the main browsers' media :

5.3. Entrepreneur data

The data communicated by the Entrepreneurs to OPTIONS (including, in particular, the business plan and the elements relating to the “business model” of the Entrepreneur) will not be shared on the Site until the date on which, if applicable , the project is declared eligible on the platform.

5.4. Members' confidentiality commitment

Each Member undertakes to preserve the confidentiality of the projects. OPTIONS cannot be held responsible for the non-performance by any Member of this obligation.

Each Member agrees to keep confidential all information relating to projects and Entrepreneurs posted on the part of the Site accessible only to Members who have completed their registration (including, in particular, business plans and project details). Each Member also undertakes not to communicate any of this information to anyone, and to make their best efforts to prevent any unauthorized third party from having access to it.

6. Duration, termination and modification.

6.1. Duration of the contract

Each contract concluded following acceptance by a User of these general conditions of use is concluded for an indefinite period.

6.2. Termination

Provided that the each Member is not party to any Funding in progress, they may terminate the contract concluded following their acceptance of these general conditions of use, without justification and by simple notification of their decision to the following address: contact (at) myoptions.co subject to a ten 10 days notice. Such termination entails the cancelation of any agreement concluded between the Member concerned and MANGOPAY in application of the provisions of these general conditions of use. It also causes the closure of its personal space on the Site.

OPTIONS may terminate any agreement concluded with a Member under the same conditions, provided that the Member concerned is not a party to any current Loan Agreement.

In case of termination under the conditions stipulated above :

  • OPTIONS will keep the personal data collected from each Member for a period of five (5) years, in order to meet its regulatory obligations ;
  • the confidentiality obligations stipulated under these general conditions of use will remain valid for the Member concerned for a period equal to two (2) years.

6.3. Modification of the present general conditions of use

OPTIONS reserves the right to modify these general conditions of use at any time.

These modifications will be notified to each Member by any means and, in particular, by email sent to the email address provided by the Member concerned in his personal account on the Site.

Each Member will have a period of five (5) calendar days to notify OPTIONS of any opposition they have regarding these changes.

In the absence of opposition from a Member within this period, the changes made will be deemed accepted by this Member and will take effect on the date indicated by OPTIONS in the notification mentioned above.

Each use by a User of the Site and / or any service provided by OPTIONS in accordance with these general conditions of use will be deemed to constitute acceptance by the User concerned of the latest version of the general conditions of use as published on the Site.

7. Computer security.

Each User recognizes that the Internet is a generally insecure place outside of protected platforms. The use of the Internet may cause a User to suffer computer attacks more or less visible by third parties. It is their responsibility to protect themself.

7.1. Access code

The access codes and identifier allowing each Member to connect to their personal space on the Site are transmitted by OPTIONS to them and to them alone. The Member concerned remains solely responsible for the use of these elements and its consequences.

7.2. Warning in case of theft

If, despite their precautions, a Member notices or suspects a use of their personal space on the Site by a third party, they are required to inform OPTIONS without delay by email to the following address: contact (at) myoptions.co together with a registered letter sent to the following address : OPTIONS SAS - 4 allée Gustave Eiffel - 35170 BRUZ (France).

No loss or embezzlement caused by such use by a third party can engage the responsibility of OPTIONS, the latter having for sole obligation to endeavor to suspend the activities of the account concerned as soon as practicable from the reception of the notification mentioned in the previous paragraph.

7.3. Hypertext links

The creation of hypertext links redirecting Users to the Site must be subject to prior agreement from OPTIONS.

The OPTIONS site may contain links to third-party websites, in particular in the project presentation pages. OPTIONS strives to systematically control the content of such sites but, not being the owner, cannot guarantee that such sites are secure.

7.4 Modifications

It is strictly forbidden for any User to modify the content and internal programming of the Site by using extension modules that contravene the proper functioning of the services and their security.

8. Communication and notifications

8.1. Written communication

Unless otherwise stipulated, any notification, communication or request under these general conditions of use or any Loan Agreement must be made by email or by registered mail with acknowledgment of receipt and will take effect on the date of the first presentation, in the case of registered mail, or on the date on which it will have been received in visible form by the recipient, in the case of an e-mail.

8.2. Addresses

Any notification, communication or request to be made by one person to another under these general conditions of use or any Loan Agreement will be made :

  • with regard to any notification, communication or request addressed to a Member, to the address or e-mail address of this Member as indicated in any Loan Agreement signed by this Member or in their personal space on the Site ;
  • with regard to any notification, communication or request addressed to OPTIONS, at the following address : 4 allée Gustave Eiffel - 35170 BRUZ (France) or at the following e-mail address : contact(at)myoptions.co ;
  • it being specified that in the event that a notification, communication or request is sent by a Financier to an Entrepreneur or by an Entrepreneur to a Financier, the Financier or the Entrepreneur concerned, in their capacity as sender, and each for what they are concerned, undertake with regard to OPTIONS to be sent to the latter without delay, for information, a copy of said notification, communication or request.

Any modification of a Member's address or e-mail address must be notified to OPTIONS and to any other Member with which it has concluded a Loan Agreement in progress on the date of said modification.

Any modification of the OPTIONS address or e-mail address must be notified to each Member.

9. Responsibilities of the parties.

9.1. Responsibility of OPTIONS

9.1.1 Supply of means

OPTIONS undertakes to make its best efforts to ensure that the Site is permanently accessible.

As an exception to the provisions of the previous paragraph, access to the Site may be interrupted from time to time for the needs of carrying out update or maintenance operations. In this case, OPTIONS will notify Members at least seven [7] days in advance.

In addition, access to the Site may be interrupted due to the occurrence of a case of force majeure beyond the control of OPTIONS. In this case, the responsibility of OPTIONS cannot be engaged.

In addition, OPTIONS cannot be held liable for any damage that may have its origin in a malfunction of the Users' personal Internet connection.

9.1.2. Fight against money laundering

OPTIONS is responsible for identifying Members and must exercise constant vigilance over the business relationship established between OPTIONS and each of them. It thus ensures compliance with its obligations in the fight against money laundering, the financing of terrorism and tax fraud.

Members may not make any payment in cash or by check as part of the execution of these general conditions of use.

9.2. Limits

Due to its limited role as an intermediary, OPTIONS cannot be held responsible for any loss or damage that may be suffered by any Member as a result of the operations carried out by this Member in the context of the use of the services provided by OPTIONS.

OPTIONS cannot be held responsible for communication made by any Member which would be inaccurate, insincere or misleading information.

OPTIONS cannot be held responsible in the event of disclosure to a third party by any Member of the username and password giving access to their personal space on the Site or of any confidential information.

10. Partial invalidity - final stipulations.

These general conditions of use constitute the terms of a membership contract. Their content can in no case be negotiated by any Member.

In the event that a stipulation of these general conditions of use becomes non-compliant with a regulation, null or unenforceable, the lawfulness, validity or enforceability of the other stipulations of these general conditions of use will not be affected.

Each Member acknowledges that any email exchanged between him and OPTIONS is authentic between the parties and has the same probative force as a written document.

11. Intellectual property.

The site www.myoptions.co (including, in particular, its design, its content and the programs and tools that appear there) is the exclusive property of OPTIONS SAS.

12. Applicable law and handling of disputes.

The present general conditions of use are governed by French law.

In the event that they were to be translated into any language other than French, only the French version will prevail in case of a dispute.

In the event of any dispute relating to these general conditions of use or to any Loan Agreement, each party may, at its sole discretion, prior to any legal action, submit the said dispute to a mediator by entering a court conciliator at the registry of the competent court, under the conditions provided for in articles 830 and seq. of the Code of Civil Procedure.

Subject to the stipulations of the paragraph below, any dispute relating to these general conditions of use (including any dispute concerning the validity, interpretation or termination of any contract concluded following the acceptance by a User of said conditions general terms of use) will be the exclusive jurisdiction of the Commercial Court of Vannes.

For any Party to the Convention which has not contracted as a trader, there is no derogation from the rules of jurisdiction of the Code of Civil Procedure, and in particular no derogation from the rules of territorial jurisdiction of Articles 42 et seq. of said code, for any dispute relating to these general conditions of use (including any dispute concerning the validity, interpretation or termination of any contract concluded following the acceptance by a User of said general conditions of use).

Please note : crowdfunding operations may present risks of non-repayment and loss of capital. Investments present a significant risk of partial or total loss of capital as well as a risk of liquidity. We invite you to spread your investments and only commit amounts that you do not have an immediate need of.